E-commerce (Internet Cyber Mall) Standard Terms and Conditions

Article 1 (Purpose) The purpose of these terms and conditions is to define the rights, obligations, and responsibilities of Cyber Mall and users when using Internet-related services (hereinafter referred to as “Services”) provided by the Davada Cyber Mall (hereinafter referred to as the “Mall”) operated by Helix Solution Co., Ltd. (e-commerce operator).
※ “These terms and conditions apply mutatis mutandis to e-commerce transactions using PC communication, wireless, etc., as long as they are not contrary to their nature.”

Article 2 (Definitions)

① “Mall” refers to a virtual business site where Helix Solutions Co., Ltd. is set up to trade goods, etc. using information and communication facilities such as computers in order to provide goods or services (hereinafter referred to as “goods, etc.”) to users, and is also used to mean a business operator that operates a cyber mall.

② “User” refers to members and non-members who access the “Mall” and receive services provided by the “Mall” in accordance with these terms and conditions.

③ “Member” means a person who has registered as a member of the “Mall” and can continue to use the services provided by the “Mall”.

④ A “non-member” refers to a person who uses services provided by the “Mall” without signing up as a member.

Article 3 (Specification, Explanation, and Amendment of Terms and Conditions)

① The “Mall” will post the contents of these terms and conditions, the name of the name of the representative office (including the address of the place where consumer complaints can be handled), phone number, transmission number, e-mail address, business registration number, mail order business report number, and personal information manager on the initial service screen (front) of Davada Cyber Mall so that users can easily understand them. However, the contents of the terms and conditions can be viewed by the user through the link screen.

② “Before the user agrees to the terms and conditions, the mall must obtain confirmation from the user by providing a separate connection screen or pop-up screen so that the user can understand important details such as subscription cancellation, delivery liability, and refund conditions, among the contents stipulated in the terms and conditions.

③ “Mall” may amend these terms and conditions to the extent that they do not violate relevant laws such as the “Act on Consumer Protection in Electronic Commerce, etc.,” “Act on Regulation of Terms and Conditions,” “Electronic Documents and Electronic Transactions Basic Act,” “Electronic Financial Transactions Act,” “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.,” “Act on Door-to-Door Sales, etc.,” and “Basic Consumer Law.”

④ If the “Mall” revises the terms and conditions, the effective date and reason for the revision shall be specified and announced on the Mall's initial screen along with the current terms and conditions from 7 days before the effective date to the day before the effective date. However, if the terms and conditions are changed to the disadvantage of users, they will be notified with an advance grace period of at least 30 days. In this case, “Mall” clearly compares the content before the revision with the content after the revision and displays it so that users can easily understand it.

⑤ If the “Mall” revises the terms and conditions, the revised terms and conditions apply only to contracts signed after the effective date, and the terms and conditions before the revision apply as is to contracts that have already been signed before that date. However, if a user who has already signed a contract sends their intention to be subject to the provisions of the revised terms and conditions to the “Mall” within the notice period of the revised terms and conditions in accordance with paragraph 3 and receives the consent of the “Mall”, the revised terms and conditions will apply.

⑥ Matters not stipulated in these terms and conditions and the interpretation of these terms and conditions shall be governed by the Act on Consumer Protection in Electronic Commerce, etc., the Act on the Regulation of Terms and Conditions, and consumer protection guidelines and related laws or regulations in e-commerce, etc. determined by the Fair Trade Commission.

Article 4 (Provision and Change of Services)

① The “Mall” performs the following tasks.
1. Providing information on goods or services and concluding purchase agreements
2. Delivery of goods or services for which a purchase agreement has been signed
3. Other tasks specified by the “Mall”

② The “Mall” may change the details of the goods or services to be provided by a contract to be signed in the future if the goods or services are sold out or technical specifications are changed. In this case, the details of the changed goods or services and the date of delivery are specified and immediately announced where the details of the current goods or services are posted.

③ If the content of the service that the “Mall” has signed a contract with the user is changed due to reasons such as sold out of goods or changes in technical specifications, the reason will be immediately notified to the user at an address where the “Mall” can be notified.

④ In the case of the preceding paragraph, the “Mall” shall indemnify the user for damages caused by this. However, this is not the case if the “Mall” proves that there is no intention or negligence.

Article 5 (Suspension of Services)

① The “Mall” may temporarily stop providing services in the event of reasons such as maintenance, inspection, replacement, or failure of information and communication equipment such as computers, or interruption of communication.

② The “Mall” shall indemnify the user or a third party for damages caused by the temporary suspension of service provision due to the reasons set forth in paragraph 1. However, this is not the case if the “Mall” proves that there is no intention or negligence.

③ If the service cannot be provided due to a change in business type, abandonment of business, or integration between companies, etc., the “Mall” will notify the user in the manner specified in Article 8 and reward the consumer according to the conditions initially proposed by the “Mall”. However, if the “Mall” does not announce compensation standards, etc., the user's mileage or savings will be paid to the user in kind or cash corresponding to the currency value commonly used in the “Mall”.

Article 6 (Membership)

① Users apply for membership by filling in the membership information according to the registration form set by the “Mall” and expressing their intention to agree to these terms and conditions.

② The “Mall” shall register as a member unless any of the following applies to a user who has applied for membership as described in paragraph 1:1. If the applicant for membership has previously lost his/her membership in accordance with Article 7 (3) of these Terms and Conditions, an exception shall be made if 3 years have passed since the loss of membership pursuant to Article 7 (3) and has obtained approval to re-register as a member of the “Mall”. 2. If the registration details are false, omitted, or incorrect 3. Other cases where it is determined that registering as a member is significantly interfering with the technology of the “Mall”

③ The time when the membership contract is established is when the “Mall”'s approval is reached by the member.

④ If there is a change in the information registered when signing up for membership, the member must notify the “Mall” of the change within a considerable period of time by modifying the member information, etc.

Article 7 (Membership Withdrawal and Loss of Eligibility, etc.)

① Members can request withdrawal from the “Mall” at any time, and the “Mall” will process the withdrawal immediately.

② If a member falls under any of the following reasons, the “Mall” may restrict or suspend membership.
1. If false information was registered when applying for membership
2. If the payment for goods, etc. purchased using the “Mall” or other debts incurred by the member in connection with the use of the “Mall” is not paid on the due date
3. If it interferes with another person's use of the “mall” or threatens the e-commerce order by stealing that information
4. When using the “Mall” to commit acts prohibited by law or these terms and conditions or contrary to public order and morals

③ After the “Mall” restricts or suspends membership, the “Mall” may lose the membership if the same act is repeated 2 or more times or the reason is not corrected within 30 days.

④ If the “Mall” loses its membership, the membership registration will be cancelled. In this case, the member is notified and given the opportunity to call for a period of at least 30 days before canceling the membership registration.

Article 8 (Notice to Members)

① If the “Mall” makes a notification to a member, the member may make a prior agreement with the “Mall” to the specified e-mail address.

② In the case of notifications to an unspecified number of members, the “Mall” may replace individual notifications by posting them on the “Mall” bulletin board for 1 week or more. However, individual notifications will be made for matters that have a significant impact on the member's own transaction.

Article 9 (Purchase application and consent to provide personal information, etc.)

① A “Mall” user applies for a purchase using the following or similar method on the “Mall”, and the “Mall” shall provide each of the following details in an easy-to-understand manner when the user applies for a purchase.
1. Search and select goods, etc.
2. Enter the recipient's name, address, phone number, email address (or mobile phone number)
3. Confirmation of the details of the terms and conditions, services for which the right to withdraw from the subscription is restricted, and the burden of costs such as shipping and installation fees
4. An indication (e.g., mouse click) that you agree to these terms and conditions and confirm or reject the items in paragraph 3 above
5. Application for purchase of goods, etc., and confirmation thereof or consent to confirmation by the “Mall”
6. Choosing a payment method

② If the “Mall” needs to provide the buyer's personal information to a third party, it must notify the buyer and obtain consent for 1) the person receiving the personal information, 2) the purpose of use of the personal information of the person receiving the personal information, 3) the items of personal information provided, and 4) the period of retention and use of the personal information of the person receiving the personal information. (The same applies if the agreed matters are changed.)

③ If the “Mall” entrusts the task of handling the buyer's personal information to a third party, it must inform the buyer about the details of 1) the person to be entrusted with the handling of personal information, and 2) obtain consent from the buyer. (The same applies if the agreed matters are changed.) However, if it is necessary for the execution of a contract relating to the provision of services and is related to the promotion of convenience for the buyer, it is not necessary to go through the notification procedure and consent procedure by notifying through the Personal Information Handling Policy in the manner stipulated in the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”

Article 10 (Conclusion of a contract)

① The “Mall” may not accept a purchase application as described in Article 9 if it falls under any of the following subparagraphs. However, if a contract is signed with a minor, the minor must be notified that the minor himself or his legal representative may cancel the contract if the consent of the legal representative is not obtained.
1. If there is any falsehood, omission, or error in the application
2. When a minor purchases goods and services prohibited by the Juvenile Protection Act, such as tobacco and alcohol
3. Other cases where it is determined that accepting the purchase application is significantly interfering with the “Mall” technology

② The contract is deemed to have been established when the “Mall”'s approval reaches the user in the form of a notice confirming receipt under Article 12 (1).

③ The “Mall”'s statement of approval shall include information on confirmation of the user's purchase application, availability of sales, correction and cancellation of the purchase application, etc.

Article 11 (Payment Method)
The payment method for goods or services purchased at the “Mall” can be made using any of the following methods available. However, the “Mall” cannot collect any nominal fee by adding any nominal fee to the payment method of the user for goods, etc.

1. Various account transfers such as phone banking, internet banking, and email banking
2. Various card payments such as prepaid cards, debit cards, and credit cards
3. Online bank transfer
4. Payment by electronic money
5. Payment upon receipt
6. Payment using points paid by the “Mall”, such as mileage
7. Payment using a gift certificate that has signed a contract with the “Mall” or approved by the “Mall”
8. Payment by other electronic payment methods, etc.

Article 12 (Notice of Receipt, Change and Cancellation of Purchase Application)

① The “Mall” will notify the user of receipt when the user has applied for a purchase.

② Users who have received the receipt confirmation notice can request changes or cancellation of the purchase application immediately after receiving the receipt confirmation notice if there is a discrepancy in the statement of intent, and the “Mall” shall process the user's request without delay if there is a request from the user before delivery. However, if payment has already been made, it is subject to the provisions of Article 15 regarding cancellation of subscription, etc.

Article 13 (Supply of Goods, etc.)

① The “Mall” takes other necessary measures, such as customizing and packaging, so that goods, etc. can be delivered within 7 days from the date the user subscribes, unless there is a separate agreement with the user regarding the timing of the supply of goods, etc. However, if the “Mall” has already received all or part of the payment for goods, etc., action will be taken within 3 business days from the date of receipt of all or part of the payment. At this time, the “Mall” takes appropriate measures so that users can check the procedures and progress of the supply of goods, etc.

② The “Mall” specifies the delivery method, the person responsible for the shipping cost for each means, and the delivery period for each method for the goods purchased by the user. If the “Mall” exceeds the agreed delivery period, the user shall be compensated for damages caused by this. However, this is not the case if the “Mall” proves that there is no intention or negligence.

Article 14 (Refunds)

When the “Mall” is unable to deliver or provide the goods requested by the user due to reasons such as being out of stock, the “Mall” will notify the user of the reason without delay, and if payment for the goods, etc. is received in advance, the “Mall” will refund or take necessary measures for the refund within 3 business days from the date the payment is received.

Article 15 (Withdrawal of subscription, etc.)

① A user who has signed a contract with the “Mall” regarding the purchase of goods, etc. may withdraw the subscription within 7 days from the day they receive a document relating to the details of the contract pursuant to Article 13 (2) of the “Act on Consumer Protection in Electronic Commerce, etc.” (If the supply of goods, etc. is made later than when the document was received, it means the day the goods are supplied or the supply of goods, etc. begins). However, if there is any other provision in the “Act on Consumer Protection in Electronic Commerce, etc.” regarding the withdrawal of a subscription, it shall be governed by the provisions of the same law.

② Users cannot return or exchange goods, etc. if any of the following subparagraphs falls under 1 of the following subparagraphs when they have received them.
1. If the goods, etc. are lost or damaged due to reasons for which the user is responsible (however, the subscription may be withdrawn if the packaging is damaged to check the contents of the goods, etc.)
2. When the value of goods, etc. has decreased significantly due to user use or partial consumption
3. When the value of goods, etc. has decreased significantly to the extent that resale is difficult due to the passage of time
4. If it is possible to copy a product with the same performance, and the packaging of the original product, etc. is damaged

③ In the case of Clause 2 (2) to (4), if the “Mall” does not specify the fact that withdrawal of the subscription is restricted in advance in a place where the consumer can easily understand or take measures such as providing trial products, etc., the user's withdrawal of the subscription is not restricted.

④ Notwithstanding the provisions of Clause 1 and Clause 2, if the content of the goods is different from the content of the display or advertisement or is executed differently from the details of the contract, the user may withdraw the subscription within 3 months from the date the goods are supplied, and within 30 days from the day they learned or became aware of the fact.

Article 17 (Protection of Personal Information)   

① When collecting personal information from users, the “Mall” collects minimal personal information to the extent necessary to provide services.

② The “Mall” does not collect information necessary for the execution of the purchase contract in advance when signing up for membership. However, this is not the case when minimum specific personal information is collected in order to fulfill obligations under relevant laws and regulations, where confirmation of identity is required prior to the purchase contract.

③ When collecting and using a user's personal information, the “Mall” notifies the user of the purpose and obtains consent.

④ The “Mall” cannot use the collected personal information for any other purpose, and when a new purpose of use occurs or is provided to a third party, the purpose is notified and consent is obtained from the user during the use/provision phase. However, exceptions are made when the relevant laws and regulations stipulate otherwise.

⑤ If the “Mall” requires the consent of the user pursuant to Clause 2 and Clause 3, it must specify or notify in advance the matters stipulated in Article 22 (2) of the “Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.”, such as the identity of the person responsible for personal information management (affiliation, name, phone number, and other contact information), and matters relating to the provision of information to third parties (recipient, purpose of provision, and content of information to be provided), etc., and the user can withdraw this consent at any time.

⑥ Users can request access and error correction of their personal information held by the “Mall” at any time, and the “Mall” is obligated to take necessary measures without delay. If a user requests correction of an error, the “Mall” will not use the personal information until the error is corrected.

⑦ In order to protect personal information, the “Mall” shall limit those who handle users' personal information to a minimum, and shall bear all responsibility for damages caused by loss, theft, leakage, provision to a third party without consent, or falsification of the user's personal information, including credit cards, bank accounts, etc.

⑧ The “Mall” or a third party that has received personal information from it will destroy the personal information without delay when the purpose of collecting or receiving the personal information is achieved.

⑨ The “Mall” does not set the consent box for the collection, use, and provision of personal information to be selected in advance. In addition, the restricted services are specified when the user's consent to the collection, use, and provision of personal information is specifically specified, and the provision of services such as membership registration is not restricted or refused due to the user's refusal of consent regarding the collection, use, and provision of personal information that is not an essential collection item.

Article 18 (Obligations of the “Mall”)

① The “Mall” shall not engage in acts prohibited by law and these terms and conditions or contrary to public order and morals, and shall do its best to continuously and stably provide goods and services as stipulated in these terms and conditions.

② The “Mall” shall have a security system to protect users' personal information (including credit information) so that users can use Internet services safely.

③ The “Mall” is responsible for compensation if the user suffers damage due to unfair display or advertisement as stipulated in Section 3 of the “Act on Fair Display and Advertisement” with respect to products or services.

④ “Mall” does not send commercial e-mails for commercial purposes that users do not want.

Article 19 (Member ID and Password Obligations)

① Members are responsible for managing their ID and password, except as set forth in Article 17.

② Members shall not allow a third party to use their ID and password.

③ If a member recognizes that their ID and password have been stolen or used by a third party, they must immediately notify the “Mall” and follow the instructions of the “Mall” if any.

Article 20 (User Obligations) Users shall not perform the following acts.

1. Registration of false information at the time of application or change
2. Stealing other people's information
3. Changes to information posted on the “Mall”
4. Transmission or posting of information (computer programs, etc.) other than the information specified by the “Mall”
5. Infringement of intellectual property rights such as copyrights of the “Mall” and other third parties
6. Acts that damage the reputation or interfere with the work of the “Mall” or other third parties
7. The act of disclosing or posting obscene or violent messages, images, sounds, or other information contrary to public order and morals in a mall

Article 21 (Relationship between connected “mall” and unconnected “mall”)

① When the upper “mall” and the lower “mall” are connected by a hyperlink (for example, the target of the hyperlink contains text, pictures, and animated images), etc., the former is called the linked “mall” (website), and the latter is called the linked “mall” (website).

② If the linked “Mall” indicates on the initial screen of the linked “Mall” or on the pop-up screen at the time of connection, the connected “Mall” means that it is not responsible for the guarantee of transactions carried out with users based on goods, etc. independently provided by the connected “Mall”, it is not responsible for the guarantee of the transaction.

Article 22 (Ownership of Copyright and Restrictions on Use)

① The copyright and other intellectual property rights for works created by “Mall” belong to “Mall”.

② Users shall not reproduce, transmit, publish, distribute, broadcast, or otherwise use information obtained by using the “Mall” for commercial purposes or allow a third party to use the information obtained by using the “Mall” without the prior consent of the “Mall”.

③ The “Mall” shall notify the user when using the copyright belonging to the user in accordance with the agreement.

Article 23 (Dispute Resolution)

① The “Mall” establishes and operates a damage compensation mechanism to reflect legitimate opinions or complaints raised by users and to process compensation for damage.

② The “Mall” deals with complaints and opinions submitted by users on a priority basis. However, if prompt processing is difficult, the user will be immediately notified of the reason and processing schedule.

③ If a user applies for damage relief in connection with an e-commerce dispute between the “Mall” and the user, it may be adjusted by the Fair Trade Commission or the dispute mediation agency requested by the city or provincial governor.

Article 24 (Jurisdiction and Governing Law)

① Lawsuits relating to e-commerce disputes between the “Mall” and users are based on the user's address at the time of filing, and if there is no address, the district court that has jurisdiction over the place of residence shall have exclusive jurisdiction. However, if the user's address or residence is unclear at the time of the complaint, or if they are a foreign resident, they will file a lawsuit with the competent court under the Civil Procedure Act.

② Korean law applies to e-commerce lawsuits filed between the “Mall” and users.